8/21/1985 - Laserfiche WebLink

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AUG 21 1985BooK 61 FAPE860 Commissioner Bird wondered what do we tell the other six stores they have contracted with who will be anxious to open also. Vice Chairman Scurlock felt we will have to tell everyone they can occupy - you can't discriminate as long as all improvements are met with the exception of the Kings Highway road improvements. Administrator Wright asked why we can't say since you haven't completed all road improvements, you can't occupy all the center, and County Attorney Charles Vitunac advised that there is no legal objection to having the developer agree to waive his right to develop the rest of the shopping center until the rest of the off-site improvements are done. Director Keating reported that staff's current policy on major projects has been to recommend issuance of C.O.s on certain parts of the project as long as all the improvements relating to those parts of the project are completed; in the case where off-site improvements are involved, it depends on how the conditions relating to approval of the site plan were written or what the actual need is; for instance, we will allow 50% occupancy if that 50% won't create adverse conditions. Vice Chairman Scurlock again emphasized that he was talking about all the parking lot being completed, striped, landscaping done, etc. - the only exception being the off-site improvements. Now it appears Attorney Vitunac is saying that, in addition, the developer could agree to occupy only a portion of the space. Attorney Vitunac suggested that all this could be included in a written agreement wherein the developer would agree to keep those other stores unoccupied and no C.O. issued until those off-site improvements are completed, which he felt is what they are asking. Mr. Spilotros pointed out that the two major stores attract the traffic and the local tenants play off that traffic flow; the smaller tenants do not create a significant traffic impact. He 63